Introduction to the discipline of Islamic Jurisprudence, known as Usul al-Fiqh, is a pivotal area of study within the field of Islamic Law.

1. Islamic Jurisprudence
(Usul Al-Fiqh)
1
Mr. Iqbal Saujan
Temp. Assist. Lecturer in Islamic Law & Legislation
Department of Islamic Studies, FIA
savjaniqbal@seu.ac.lk

2. Contents
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1. Definition of Usul al-fiqh
2. Subject matter of Usul al-fiqh
3. Objectives of studying Usul al-fiqh
4. Historical Development of Usul al-fiqh

3. Definition of Usul al-Fiqh
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Two considerations:
Firstly; based on the components of the two words: usul and Fiqh
Secondly; usul al-fiqh as a discipline of knowledge or science of
Islamic discipline
In generally, the rules of fiqh are thus derived from the Qur'an and
Sunnah in conformity with a body of principles and methods which
are collectively known as usul al-fiqh.

4. Fiqh (َ
َ‫ه‬َ‫ق‬َ‫ف‬)
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 Fiqh derived from the root word Fahm (‫فهم‬): Comprehension
or deep understanding.
 Technically:
‫العلمَباألحكامَالشرعيةَالعمليةَالمكتسبةَمنَأدلتهاَالتفصيلية‬
“Fiqh is the knowledge of the legal rules, pertaining to the conduct
(of Human beings), that have been derived from their specific
evidence.”

5. Usul Al -Fiqh (‫)أصولَالفقه‬
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‫الفقه‬ ‫أصول‬
:
‫َوكيفيةَاالستفاد‬،‫هوَمعرفةَدالئلَالفقهَاإلجمالية‬
َ‫ة‬
،‫منها‬
‫وحالةَالمستفيد‬
“Usul al-Fiqh is the knowledge of the proof of fiqh in general, and the manner of
their utilization and the condition of the one who utilizes them (Mujtahid)”
 The Hanafi school of law defines usul al-fiqh as the knowledge of the
principles that can be reached to the derivation of the rules from its
sources or the principle of derivation of the rules.
 Shafi’i jurists define usul al-fiqh as the knowledge of the proofs of fiqh in
general, methods of deriving the rules from proofs and position of a
person who derives the rules.

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 Al-Razi: It is an expression that incudes all the evidences leading
to fiqh when these are considered in a broad sense, and for the
legal reasoning proceeding from these evidences as well as from
the status of the person undertaking such reasoning.
 Al-Shawkani: It is the knowledge of principles by means of
which one has as access to the derivation of the commands of the
shari'ah relating to the conduct of man on the basis of its detailed
evidences.

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 Thus usul al-fiqh is concerning with the principles and methodologies of
deriving Islamic Law.
 These definitions despite verbal diversity highlight substantially the same. It
may be understood from these definitions that usul al-Fiqh applies to the
knowledge of three things : namely
1. The proofs (sources) of fiqh in general
2. The method of utilization, and
3. The condition of a person who utilizes them.

8. Relationship between usul al-fiqh and
fiqh
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 Fiqh is the knowledge of the rules relating to a conduct of
person (sayings or doings) or the rules themselves.
 It principally consists of tow main divisions:
1. Devotions (ibadah) like fasting etc..;
2. Civil matter (adat/ muamalat) e.g. rules relating to family
(munakahat), crime (jinayah), transaction (mu’amalat), etc.,

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 Usul al-fiqh is the knowledge of principles or methodologies of
deriving the rules (relating to a conduct of person; sayings or
doings) from specific sources or the principles or
methodologies themselves.
 Thus, these two disciplines are inter related as their common
object is to derive Islamic Law.
 The jurist or scholar of fiqh has to rely on the principles and
methodologies that have been laid down by the scholar of usul
al-fiqh in deriving the law

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 Ibn Qudamah, the Hanbali Jurist Mentions: Fiqh is the knowledge
of the commands of the shari’ah relation to the act of man, such as
halal, haram, valid, invalid and etc. and usul al-fiqh means the
proofs of fiqh which lead to it in general and not in respect of
details.
 A Legal theorist (Usulist) deals with the general rules and
fundamental principles (Adillah ijmaliyyah) as they lead to the
command of shari’ah.
 The jurist or scholar of fiqh (Fuqha) has to rely on the principles
and methodologies that have been laid down by the scholar of usul
al-fiqh in deriving the law

11. Subject Matter of Usul al-Fiqh
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Proofs or Sources (al-adillah) of Islamic law e.g. Al-Quran,
Sunnah, Ijma, Qiyas, Maslah Mursalah etc.
Rules of Islamic law (al-ahkam) and the components of the rules:
Law giver (Hakim),
The act of the subject (Mahkum Fihi), the Mahkum ‘alaihi i.e. a
person who is addressed by the law- mukallaf
Conflicts of proof and preference (al-ta’arud wa al-tarjih)
Mujtahid: person who derives the rules.
Thus, the subject of usul fiqh consists of all principles and
methodologies which are necessary for the jurists (faqih) to Lely
upon in the derivation of the rules.

12. Objectives of Studying Usul Al-
Fiqh
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1. Have an ability of deriving the rules (Islamic law) i.e. ability to exercise
ijtihad and to give preference when there is a conflict of laws.
2. Have an ability of comparing the Islamic laws as propounded by the
different schools.
This is because the law is based on proofs, so we may know whether the laws
of each school is based on a strong and valid proofs.

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3. To know the methodology and principles used by the jurists
of different school of laws in deriving the rules,
Enable a person to understand the basic principles and proofs that
have been relied upon by the jurists of different school of law in
their ijtihad.
So that we are able to understand the Islamic law better.
We clearly understand that Islamic law is not merely based on
opinion but it is based on legal proofs either from the Qur’an and
sunnah or the principles which derived from the Qur’ah and
Sunnah for example istihsan, masalih mursalah etc. These
principles are derived from the Qur’an.

14. Historical Development of Usul
al-Fiqh
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Usul al-fiqh exists as the fiqh exists
When there is fiqh, it is necessarily that there is usul al-fiqh
Nevertheless the compilation of fiqh begins before the compilation
of usul al-fiqh
Because there is no necessity for compilation of usul al-fiqh at early
period.
There is no need for the principles of usul al-fiqh during the period
of prophet (PBUH) since the prophet himself is the source of
reference.

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After the death of the prophet (Saw), there arise many events and
cases which require exercise of opinions (ijtihad) and derivation of
the rules from the Quran and the sunnah of the prophet (saw).
As regards the companions of the prophet (saw) who are
knowledgeable and familiar with the rules of extraction from the
two sources, they do not rely in need of the principles to derive the
law when exercising ijtihad as they are well versed and familiar
with Arabic language and its grammar.

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They also well understand with the rule of interpretation of
legal text and the spirit and objective of the shari’ah as well
as the reasons of the revelation of the Quran and the reasons
of the coming of sunnah.
Therefore, during the period of the companions, usul al-fiqh
was not also compiled. As the principles of usul al-fiqh has
already exited and developed in their heart and mind and
were not formally expressed.

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Similarly during the period of the successors (tabi’un). This
is due to the fact there is no necessity towards it.
Furthermore, the period of tabi’un is also closed to the
period of the prophet (saw) and they learned the principles
and methodology of ijtihad from the companions.
The need to the compilation of usul-fiqh appeared in the
period after the Tabiun as the Islamic territory has
expanded. This is due to several factors:

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1. Mixing of Arab with non-Arab.
2. Problems and cases require the exercise of ijtihad
increase
3. The emergence of many mujtahids with different
methods if derivation of law
4. Arising of discussion, arguments and dispute among the
scholars of fiqh e.g. school of Hadith in hijaz and school
of opinion in Kufah, Iraq.

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The above factors led to a conclusion that it is necessary for the
jurists to lay down the principles and methodology of deriving the
rules in order to be reference for the jurists in exercising ijtihad. So
that they arrive at Islamic law with a correct/ right opinion.
Those principles which are relied upon by the mujtahid in deriving
the rule i.e. the rule of interpretation and its principles, the objectives
and spirit of the shari’ah, consideration of public interest, the
methodologies adopted by the companions while deriving the law,
etc. are known as usul al-fiqh.

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It said that the first who wrote on usul al-fiqh is Abu Yousuf, the
disciple of Imam Abu Hanifa. However, the book did not reach us
until today.
The famous view writes of the jurists asserts that first who writes on
usul al-fiqh is Imam al-Shafi’I (d.204h) in his famous work al-
Risalah.
After Imam al-Shafi’i, Imam Ahmad bin Hanbal has written on
‘Ta’ah al-Rasul (Obedience to the Prophet i.e. sunnah as one of the
source of law), on al-Nasikh wa al-Mansukh (Rule of abrogation).

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Afterwards, many books on usul al-fiqh were written and
extended by the Muslim jurists, eg :
1. al-usul by al-Jassas (al-Hanafi) (d.370H)
2. al-Burhan by al-Juwayni (al-Shafi’i) (d.413)
3. al-usul by Fakhr al-din al-bazdawi (d.482H)
4. al-Mustasfa by al-Ghazali (d. 505H).

22. Thank you
Mr. Iqbal Saujan
Temp. Asst. Lecturer in Islamic Law &
Legislation
Department of Islamic Studies, FIA
savjaniqbal@seu.ac.lk